Wheels Advertised as 'Not for Trailer Use' Not Subject to Steel Trailer Wheels Duties, Commerce Says
Wheels that are physically similar to trailer wheels but that are clearly marked as not for trailer use on marketing materials are not subject to antidumping and countervailing duties on steel wheels 12 to 16.5 inches in diameter from China (A-570-090/C-570-091), the Commerce Department said in a recent scope ruling.
Sign up for a free preview to unlock the rest of this article
Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.
Allied Wheel had requested the ruling on 11 models of wheels it imports from China that it said are for passenger vehicle and light truck use. While 10 of the 11 models differed from the trailer wheels that fall within the scope based on rim size, offset, bolt pattern, hub bore (or center hole) size, and load rating/capacity, Commerce found that one model shared “a degree of overlap” with trailer wheels, and conducted a more detailed analysis that included marketing and intended use.
Despite having found the wheel model shared the same physical characteristics as trailer wheels, Commerce found marketing and other materials showed the wheel was not meant for use on trailers. Brochures put out by Allied Wheel clearly identify its wheels as “not for trailer use,” and identify specific passenger vehicle applications for each model, Commerce said. And Allied Wheel’s customer declaration says it “does not warrant, guarantee, or certify Allied Wheel’s passenger vehicle light truck steel wheels for use in trailer application.”
“We find that the totality of evidence establishes that the ... wheel is a passenger vehicle wheel that is distinct from in-scope trailer wheels, based on evidence provided with respect to customer expectations, ultimate use, and the manner in which the products are advertised and displayed,” Commerce said.